Q:
A person is disqualified for being chosen as, and for being, a Member of either House of the Parliament if the person
1. holds any office of profit under the Government of India or the Government of any State other than an office declared by the Parliament by law not to disqualify its holder
2. is an undischarged insolvent
3. is so disqualified under the Tenth Schedule of the Constitution of India
4. is of unsound mind and stands so declared by a competent Court
Select the correct answer using the code given below.
Answer & Explanation
Answer: B) 1, 2, 3 and 4
Explanation: Disqualification of MP's and MLA's on the ground of holding office of profit is a controversial topic of nation-wide debate. It began with the disqualification of Samajwadi Party MP Jaya Bachchan from Rajya Sabha on March 17, 2006 with retrospective effect from July 14, 2004.There are separate provisions of disqualification for the Members of Parliament and MLAs. Our constitution clearly mentions that the Parliament has the power to make a law in respect to the issue of qualification and disqualification of the membership in case:
(i) He holds any office of profit under the Government of India or of any state, other than an office declared by a law of Parliament not to disqualify its holder.
(ii) He is of unsound mind and stand so declared by a competent court.
(iii) He is an undischarged insolvent.
(iv) He is not a citizen of India or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement or allegiance or adherence to a foreign state, and
(v) It is he so disqualified by or under any law of Parliament. It applies to the case of 'defection' as prescribed in tenth schedule.
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